Lozano vs. Martinez

GR L-63419, 18 December 1986
En Banc, Yap (J): 9 concur

FACTS: Batas Pambansa 22 (BP22; Bouncing Check Law) was approved on 3 April 1979. The petitions arose from cases involving prosecution of offenses under BP22. (Florentina A. Lozano vs. RTC Judge Antonio M. Martinez [Manila, Branch XX] in GR L-63419, Luzviminda F. Lobaton vs. RTC Executive Judge Glicerio L. Cruz [Lemery Batangas, Branch V] in GR L-66839-42, Antonio and Susan Datuin vs. RTC Judge Ernani C. Pano [Quezon City, Branch LXXVIII] in GR 71654, Oscar Violago vs. RTC Judge Ernani C. Pano [Quezon City, Branch LXXVIII] in GR 74524-25, Elinor Abad vs. RTC Judge Nicolad A. Gerochi Jr. [Makati, Branch 139] in GR 75122-49, Amable and Sylvia Aguiluz vs. Presiding Judge of Branch 154 of Pasig in GR 75812-13, Luis M. Hojas vs. RTC Judge Senen Penaranda [Cagayan de Oro, Branch XX] in GR 72565-67, and People vs. RTC Judge David Nitafan [Manila, Branch 52] and Thelma Sarmiento in GR 75789]. Lozano, Lobaton, Datuin, Violago, Abad, Aguiluz, Hojas and Sarmiento moved seasonably to quash the informations on the ground that the acts charged did not constitute an offense, the statute being unconstitutional. The motions were denied by the trial courts, except in one case, which is the subject of GR 75789 (People vs. Nitafan), wherein the trial court declared the law unconstitutional and dismissed the case. The parties adversely affected have come to the Supreme Court for relief.

ISSUE: Whether BP 22 is a valid legislative act.

HELD: Yes. It is within the authority of the legislature to enact such a law in the exercise of the police power. It is within the prerogative of the lawmaking body to proscribe certain acts deemed pernicious and inimical to public welfare. Acts mala in se are not the only acts which the law can punish. An act may not be considered by society as inherently wrong, hence, not malum in se, but because of the harm that it inflicts on the community, it can be outlawed and criminally punished as malum prohibitum. BP 22 is aimed at putting a stop to or curbing the practice of issuing checks that are worthless, i.e. checks that end up being rejected or dishonored for payment. The thrust of the law is to prohibit, under pain of penal sanctions, the making of worthless checks and putting them in circulation. The law punishes the act not as an offense against property, but an offense against public order. It is not the non-payment of an obligation which the law punishes, nor is it intended or designed to coerce a debtor to pay his debt. Further, a statute is presumed to be valid. Every presumption must be indulged in favor of its constitutionality. Where it is clear that the legislature has overstepped the limits of its authority under the constitution, the Court should not hesitate to wield the axe and let it fall heavily on the offending statute.